and not being permitted to return to their parents. Such complaints to be determined in Magistrate's Court.] 45. [Messenger or Constable may enforce orders to appear.] APPEALS. 46. [In criminal cases all sentences are subject to appeal to Supreme or to Circuit Court.] 47. [In civil cases sentences are subject to appeal to Supreme or to Circuit Court. No appeal allowed if case involves less amount than £5 exclusive of costs.] 48-50. [Procedure in appeal cases.] ASSISTANT MAGISTRATES. 51. [Governor may appoint Assistant Magistrates.] CONSTABLES. 52. [European Constables to be appointed by Governor and vested with the usual powers.] 53. [Natives and Indians may be appointed by Magistrate to act as Constables.] CONTEMPT OF COURT. 54. [Contempt defined and penalty prescribed.] LISTS OF CRIMINAL TRIALS. 55. [Monthly returns of criminal cases to be transmitted to the Attorney-General.] OATHS. 56. [Oaths to be taken by Magistrates and Assistant Magistrates.] GENERAL PROVISIONS. 57-60. [Proceedings to be viva voce, in English, and in open court. Actions against Magistrates and their officers to come before Supreme or Circuit Court. Advocates and Attorneys of the Supreme Court may practise in Magistrate's Courts.] 61. [Framing of rules.] 62. [Law to take effect after 1st January 1890.] SCHEDULE. [Ordinances and Laws repealed.] Ordinance No. 16, 1846, entituled "Ordinance for creating Resident Magistrates within the District of Natal." Ordinance No. 1, 1849, entituled "Ordinance for authorising the taking of certain Fees by the Registrar of the District Court of Natal." Ordinance No. 5, 1852, entituled "Ordinance for enabling the Resident Magistrate to grant process for the Arrest of Persons about to leave the District, and the Attachment of Property about to be removed therefrom." Ordinance No. 8, 1852, entituled "Ordinance to extend the jurisdiction of the Resident Magistrate of the Division or County of Durban, in Civil Cases." Ordinance No. 12, 1852, entituled "Ordinance for enabling the Lieutenant-Governor to appoint Assistant Resident Magistrates within the District of Natal." Law No. 6, 1859, entituled "Law to provide for the holding of Branch Courts by the Resident Magistrate." Law No. 14, 1867, entituled "Law to facilitate the Recovery of Small Debts and Demands within the Colony of Natal." Law No. 6, 1868, entituled "Law to amend the Law No. 14, 1867, entituled [as above].” Law No. 10, 1868, entituled "Law to extend jurisdiction of Resident Magistrates of the Colony in Civil Cases." Law No. 9, 1869, entituled "Law to amend Law No. 14, 1867, entituled [as above]." P.R.O., CO. 180/8. NATIVE LAW. No. 19, 1891. No. 151. Law-To legalise the Code of Native Law laid before the Legislative Council according to the provisions of Law No. 44, 1887. [Analysis of Code.] 1-31. [Explanation of terms.] 32-42. [Functions of the Supreme Chief. Vide Annexure, p. 254.] 43. The Secretary for Native Affairs . . . is the principal executive officer of the Supreme Chief. 44. [He shall receive petitions from natives and redress grievances.] 45. [He shall, in cases of disputed chieftainship or friction between tribes, institute inquiries for the information of the Supreme Chief.] 46. The Chief in charge of a tribe. . . is a minor deputy of the Supreme Chief and a Judicial Officer . . . during the pleasure of the Supreme Chief. 47-58. [Authority of Chiefs under the Supreme Chief.] 59-65. [Authority of District Headmen responsible to the Chiefs.] 66-78 [Authority of Kraal Headmen as constables.] 78-89. [Land tenure.] 90-298. [Customary native law codified or modified, with details of its administration.] P.R.O., C.O. 180/8, and Statutes of Natal, "Native Law," p. 12. CHAPTER III. THE ORANGE FREE STATE. No. 152. EMIGRANTS NORTH OF THE ORANGE RIVER: PETITION TO COMMISSIONER CLOETE IN NATAL. RIET RIVER,1 28th Sept. 1843. SIR, We, the undersigned Emigrants, address ourselves to you by petition in the name of our fellow-inhabitants of this Colony. We are convinced in our own minds of the liberal arrangements evinced towards us by Her Majesty the Queen. We are fully inclined and ready to act according to the tenor thereof, and to submit ourselves to H.M.'s authority, on the conditions issued by H.M.'s Secretary of State, Lord Stanley, on the 13th December 1842. With due deference we wish to call your attention to the following considerations. The Land which we now occupy as Emigrants, and on which a number of Griquas and Bastards reside, extends from the Bank of the Orange River, Northward to Modder River, at least 20 hours on horse-back, and in its length full 30 hours on horse-back. This piece of Land, we can assure you, was solely inhabited by Bushmen. We doubt not but you are aware that already in former times the Colonists have applied for this ground to the Bushmen Captains, and that those Bushmen Captains have agreed with them and exchanged (or bartered) a large part of the said ground for a considerable number of sheep and cattle. Several of those Colonists are now here as Emigrants. As the land is watered, and the Bushmen do not know how to cultivate it, we were desirous to obtain quiet residences for us and our families. After this arrangement, Dr. Philip has established a Bushman School here, close to the Orange River for the protection of which a small number of Griquas or Bastards was located. Whereupon one after another encroached, and the Bushmen disap 1 In the present territory of the O.F.S., to the south-west of Bloemfontein This letter represented the views of the section of trans-Orange settlers who wished to come under British rule on certain conditions. abo peared. While they then called themselves proprietors of the land, and subsequently suffered much from severe seasons and scarcity of water, we were obliged to leave the land, and could not penetrate farther into the Country. And in order to prevent dispute, and not to get into unpleasantness with Government, we were obliged to hire the same ground (however vacant) from them at a high price; aye, even to an amount of more than 78,000 Rix-dollars; and must frequently suffer gross depredations and insults. We rejoice in the favourable decision of Her Majesty that you have been appointed by Her Majesty and invested with power and authority to ward off and remove all disturbances. We firmly trust to your aid and support in these our circumstances, under which we have laboured for successive years. We would remind you that it is not our intention (or desire) to drive the colored people, either Griquas or Bastards, from their possessions or dwellings. Oh no!-We grudge them not the means of support; but it is our wish that measures should be adopted to give us also rights, so that we may in future enjoy a peaceable and Christian life, and be enabled to erect a building on this ground, which we may call a Church or House of God, for the instruction of the adult, and rearing of the young, so that we may cherish the hope that our offspring be not devoted to the desert. Awaiting your reply, we conclude with a fervent prayer that the Almighty Disposer of the Universe may bless your Mission, and crown the same with the influence of His Spirit and grace. We have, etc. etc. (Signed) M. H. OBERHOLZER; G. J. OBERHOLZER; P. J. Louw; L. A. J. v. D. HEEVER; W. D. JACOBS; D. J. VAN DER Merwe; and 277 others. The Honble HENRY CLOETE, Esqr., H.M. Commr. A true Copy. RECOGNITION OF THE GRIQUA STATE. No. 153. Treaty between Sir PEREGRINE MAITLAND and ADAM The Governor aforesaid and the said Captain Adam Kok, for the purpose of settling the relations between the subjects of Her Majesty resident in the territory and the said Captain, in such a manner as to preserve therein peace and order, by protecting the quiet and well-disposed, and controlling the turbulent and ill-affected, have consented and agreed to the following articles, which they hereby respectively ratify and confirm : ARTICLE I. The absolute dominion of Captain Adam Kok over all the land hitherto received and regarded as belonging to him, or to his people, is hereby unreservedly recognised by the Governor, on the part of Her Majesty the Queen. 2. Without prejudice to this recognised right, Captain Adam Kok engages to make hereby a division of his territory into two portions: one division to consist of land in regard to any part of which it shall not hereafter be competent for Captain Adam Kok, or any of his people, to grant leases, or make sales, or give any right of occupation to any British subject, or generally, to any person of European birth or extraction; and the other division to consist of land which may be let on lease to British subjects, and all others indifferently; all leases to British subjects, however, to be made in the manner and under the conditions hereinafter referred to. 3. Persons who are by the last preceding article prohibited from hiring or purchasing lands in the first or reserved division of the Griqua territory, may, with the express permission of the Colonial Government, but not otherwise, and then only for the purpose of religious teaching, or that of trade or business, receive leases of houses and buildings, or of building-erven, situated in the said division. 4. Captain Adam Kok binds himself, for the purpose of this treaty, to recognise as British subjects all persons of British or Colonial birth or extraction, whether born within the British dominions or not. 5. That portion or division of the Griqua territory to be ultimately reserved for the Griqua nation, and in regard to which the certain persons hereinbefore described shall not (except as before is excepted) be allowed to purchase or obtain leases of, or acquire any lands whatever-shall be limited as follows, that is to say: From David's Grave, at the confluence of the Riet and Modder Rivers; thence along the Riet River to where Krom Elbow Spruit falls into the said Riet River; thence [along] Krom Elbow Spruit to where Van Zyl's Spruit falls into it; thence up Van Zyl's Spruit to its source, from between the Pram Bergen; thence along a direct line to be drawn from the neck of Pram Bergen at the source of Van Zyl's Spruit to Braay Paal, which line, running generally east, holds the summit of a ridge extending from the said neck to within about a mile from Braay Paal; thence from Braay Paal, the boundary between Captain Adam Kok and the land occupied by the Chief Le Pui, to the junction of that boundary |